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(영문) 부산지방법원 2016.06.24 2015나40262 (1)

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3. The plaintiff's primary domicile.

Reasons

1. Basic facts

(a) The Korea Foundation for Science and Technology Scholarship (hereinafter referred to as the “Foundation”) shall be the Foundation, Korea Foundation for Science and Technology Scholarship (hereinafter referred to as the “Foundation”) to conclude a sales contract on the permission and disposal of the basic property for

On April 15, 1997, the head of the Seo-gu Seoul Metropolitan Government District Office of Education (hereinafter referred to as the “head of the Seo-gu District Office of Education”) shall be the supervisory authority.

(1) The Superintendent of the Office of Education, which is the competent authority that received the above application through the Superintendent of the District Office of Education on May 2, 1997, applied for permission to dispose of each real estate listed in the separate sheet No. 1, which is the basic property of the Scholarship Foundation, and the Seoul Special Metropolitan City Office of Education, which is the competent authority that received the above application through the Superintendent of the District Office of Education, shall succeed to the purchaser of each real estate listed in the separate sheet No. 1,29

(2) The scholarship foundation established a contract with B (hereinafter “B”) on July 10, 1997, to sell each real estate listed in the separate sheet No. 1 in the separate sheet No. 2,30,000,000,000 won as the price for each real estate listed in the separate sheet No. 1, and entered into a contract with B on July 10, 1997, to assume the responsibility for provisional attachment, provisional disposition, etc. on each real estate listed in the separate sheet No. 1. B received the down payment of KRW 230,00,000 from B on the same day, and paid the remainder payment of KRW 92,00,000,000 from the remainder of the purchase price. < Amended by Presidential Decree No. 15417, Sep. 2, 1997>

3 After the expiration of November 2, 1997, the term of validity of the above disposition permission, the head of Seo-gu District Education Office extended the period of implementation of the permission by December 31, 1997 and March 31, 1998, respectively, and discussed new plans or plans for normalization of foundations related to the implementation of the permission with the scholarship foundation.

B. B Lawsuits for ownership transfer registration and judgment B are the Scholarship Foundation on November 4, 200.